The right to a speedy and public trial is part of the _____ Amendment.
a. First
b. Second
c. Fourth
d. Sixth
Observations made from a vantage point in the open fields or a public place do not
constitute a search for Fourth Amendment purposes, therefore, evidence obtained from
these observations will generally be admissible in court proceedings.
a. True
b. False
Federal law and the law of ______ states now provide for collection of DNA samples
from criminal offenders.
a. forty-four
b. forty-seven
c. forty-nine
d. fifty
Law enforcement has the authority to hold established roadside sobriety checkpoints
_____.
a. only in instances of particularized suspicion
b. without a warrant or particularized suspicion
c. only if a warrant has been issued
d. without a warrant, only if there is particularized suspicion
Drug Enforcement Agency agents heard uncorroborated information that a Dodge
mini-motor home that has been seen throughout town but is currently parked behind a
shopping center, was being used by a person exchanging marijuana for sex. They
watched Charles, who they know to live in a nearby apartment, accompanied by a
juvenile, enter the motor home and then close the shades on all the windows. More than
an hour later the juvenile left and the agents stopped and questioned him. The juvenile
confirmed that he received marijuana for sex. Agents returned and knocked on the door.
Charles came out. How are the courts most likely to view the search of the motor home
by the agents at this time?
a. invalid without a warrant
b. invalid without the permission of Charles or a warrant
c. valid because of the consent of the youth
d. valid because the vehicle was mobile and not used as a residence
A police interrogator conducted an interrogation of Ben Wright without reading him his
Miranda warnings. During the interrogation, Mr. Wright voluntarily confessed to a
crime and informed the interrogator of the whereabouts of the weapon used in the
crime. The weapon was discovered at the provided location, and the suspect’s prints
were on the weapon. Based on the U.S. Supreme Court interpretation of Miranda, select
the true statement.
a. The confession, but not the weapon, will be admitted into evidence.
b. The weapon, but not the confession, will be admitted into evidence.
c. Both the weapon and the confession will be admitted into evidence.
d. Neither the weapon, nor the confession, will be admitted into evidence.
The police arrive at the residence of two roommates. The police do not have a warrant,
nor do they have probable cause. One roommate gives consent to enter and search, but
the other roommate does not consent, and in fact, tells the police that they may not enter
the residence. What legal options do the officers’ have?
a. they can enter the residence and search all areas where firearms and drugs may be
stored.
b. they can enter the residence and search only Joe’s living quarters and common areas
in which firearms and drugs may be stored.
c. they can enter the residence and seize only items in plain view, but may not search.
d. they cannot enter the residence to search.
A suspect states that she killed her husband but that he deserved it because he was
unfaithful. How would this statement be most accurately classed?
a. a confession
b. an admission
c. an affidavit
d. a deposition
A police officer rummages through the garbage of a suspect without probable cause,
without a warrant, and without reasonable suspicion. The officer finds incriminating
evidence. Unless there is a state law to the contrary, what is the most likely determining
factor in the admissibility of the evidence?
a. whether the owner of the garbage expected that no one would rummage through the
garbage
b. whether the garbage was located within the curtilage of the residence
c. whether the garbage was located inside or outside of the living quarters
d. whether the garbage was placed in a garbage can or left out of the can
Select the true statement.
a. A person’s expectation of privacy in an automobile is the same as a person’s
expectation of privacy in the contents of mobile luggage.
b. A person’s expectation of privacy in an automobile is greater than a person’s
expectation of privacy in the contents of mobile luggage.
c. The mere fact that luggage is on wheels does not mean that a warrantless search of
the luggage is justified under the principles of Carroll.
d. Before luggage can be searched, a warrant is needed in all situations regardless of
exigency.
Officers place George Jetson under arrest, but they don”t immediately read the Miranda
warnings. George immediately breaks down and confesses to the crime without any
prompting from the officers. How would the courts most likely view George’s
confession?
a. inadmissible because when people are placed under arrest, Miranda warnings must be
read
b. inadmissible because officers are required to read Miranda warnings whenever
dealing with persons during any type of police-citizen interaction
c. admissible because this type of statement is beyond the reach of Miranda
d. admissible because the police did nothing to break the will of the suspect
An officer, gun drawn, pursues a suspect on foot and catches up to him just as he is
about to enter his residence. Following a pat down that revealed no weapons, the officer
placed his firearm back in its holster then asked for and was granted permission to enter
the residence for the purpose of conducting a search of the home for weapons. The
officer discovered illegal weapons in the home. The search will most likely be:
a. ruled legal and the gun evidence admitted into the record.
b. ruled legal only if the offender is judged to have been under formal legal arrest at the
time of consent.
c. ruled illegal because the officer had no probable cause to enter and search.
d. ruled illegal because during the initial detention of the suspect the officer had his gun
firearm drawn.
Who is typically responsible for preparing the presentence investigation report?
a. police officers
b. court officers
c. the defense attorney
d. probation officers
The execution of a search warrant must normally be _____.
a. immediately after issuance
b. initiated during daytime
c. discontinued after dark
d. done in the presence of the occupant(s)
Which of the following is not a criterion to be viewed competent to serve as a witness
in a criminal trial?
a. capable of understanding the duty to tell the truth
b. personal knowledge of the matter about which he or she is testifying
c. capable of understanding and speaking the English language
d. capable of expressing himself or herself so as to be understood by the jury
Officers execute a search warrant to search a dwelling for narcotics and find several
persons on the premises. They find no illegal substances. The officers’ most legally
sound course of action is _____.
a. without further justification, search the people for the drugs.
b. acquire additional probable cause that the people have the drugs on them, then search
them for the drugs.
c. without additional justification, search the owner for the drugs but not the others.
d. without further justification, search everyone for weapons. /span>
The police may conduct a checkpoint for general law enforcement purposes.
a. True
b. False
Select the true statement regarding determination of curtilage surrounding a house.
a. An area enclosed by a chain-link fence is always considered curtilage.
b. Shared areas of multi-unit dwellings are not protected by the Fourth Amendment.
c. The back yard of a residence is always considered curtilage.
d. An area within 50 yards of a residence is considered curtilage.
Select the true statement about limited searches incident to detention.
a. they constitute a seizure under the 4th Amendment and are permissible when the
seizure is temporary, the resulting search was limited, the evidence obtained was
destructible, and the police had probable cause to arrest.
b. they do not constitute a seizure, but nonetheless are constitutionally permissible.
c. they constitute a seizure and are always constitutionally permissible.
d. they are never constitutionally permissible.
Searches and/or seizures conducted at fixed or functional border locations are governed
by the principle that _____.
a. the officer have probable cause
b. the officer have reasonable suspicion
c. they be conducted by an officer employed by the FBI
d. they be conducted in a reasonable manner
Which phrase best describes the areas considered to be protected by the Fourth
Amendment under the definition of the term “house”?
a. hotel and motel rooms, apartments, rooming and boarding house rooms, and hospital
rooms
b. hotel and motel rooms and apartments
c. hotel and motel rooms, apartments, and rooming and boarding house rooms
d. only a single family residence
The Fourth Amendment prohibits _____ searches and seizures.
a. unlawful
b. surreptitious
c. unreasonable
d. unwarranted
Both confessions and admissions are incriminating statements.
a. True
b. False
Based on the Aguilar-Spinelli criteria, in order to establish probable cause in a situation
where informant information is secondhand, the affidavit must _____.
a. show how the third person knows the information furnished to the informant
b. show how the third person knows the information furnished to the informant and why
the information from the informant is credible or reliable
c. show how the third person knows the information furnished to the informant and why
the information, from both the informant and the 3rd party, is credible or reliable
d. show how the third person knows the information furnished to the informant; why
the information, from both the informant and the 3rd party, is credible or reliable; and
that the information could not be obtained using any other method
When one party to a communication consents to the interception of the communication,
_____.
a. Title III of the Wiretap Act prevents the use of the communication in court against
another party, but the Fourth Amendment allows use of the communication
b. the Fourth Amendment prevents the use of the communication in court against
another party, but Title III of the Wiretap Act allows use of the communication in court
against another party
c. both the Fourth Amendment and Title III of the Wiretap Act prevent use of the
communication in court against another party
d. neither Title III of the Wiretap Act nor the Fourth Amendment prevents the use of the
communication in court against another party
A ‘search” occurs when an expectation of privacy that society is prepared to recognize is
infringed.
a. True
b. False
The police respond to a disorderly conduct call. Upon arriving at the residence, the
owner invited the police into the residence. Given the circumstance, select the true
statement.
a. The officer(s) is/are free to enter the residence, but cannot search or seize items under
any circumstances.
b. The officer(s) is/are free to enter the residence and can seize items in plain view, but
cannot search for items.
c. The officer(s) cannot enter the residence.
d. The officer(s) can enter the residence and can search the room they enter into, but no
other rooms in the house.
Which of the following is not a requirement of the plain view doctrine?
a. The officer must be in a position in which he or she has a legal right to be.
b. The officer must not unreasonably intrude on any person’s reasonable expectation of
privacy.
c. The discovery of the item by the officer must be inadvertent.
d. The incriminating character of the item must be immediately apparent to the officer.
The Customs Service requires employees seeking transfers or promotions to certain
positions within the service to submit to urinalysis testing. What has the Court found
with respect to this requirement?
a. The Court upheld the policy of the Customs Service.
b. The Court upheld the policy of the Customs Service, but only under certain narrowly
tailored circumstances.
c. The Court ruled that the regulations were unconstitutional.
d. The Court upheld the policy of the Customs Service, but only if the employee signed
a consent form.
Under rule 41(c) of the Federal Rules of Criminal Procedure, seizure is limited to
_____.
a. items other than biologicals
b. evidence of a crime
c. contraband such as drugs
d. nontestimonial evidence
The defendant’s plea is requested at the _____.
a. indictment
b. preliminary hearing
c. initial appearance
d. arraignment
While the Carroll doctrine allows for a search of the vehicle, the doctrine does not
generally permit a search of the __________ and/or the __________ of the vehicle
occupant.
An officer has made an investigative stop based on reasonable suspicion. The officer
has put the suspect in handcuffs in the back seat of the patrol car, but has not resolved
her original suspicions. This would be considered a seizure __________.